Don't Wait to Audit I-9 Forms

Earlier this month ICE, the

U.S. Immigration and Customs Enforcement Agency issued 652 notices to employers

of their intent to audit hiring records to determine compliance with federal

laws requiring employer verification of employment authorization. In one day ICE

issued more inspection notices than the total completed during the entire

previous fiscal year. Employers were selected based on tips and information

gathered in other investigations. ICE hasn’t announced a list of targets but

did publicize the effort in a press release picked up by a wide variety of news

media.

This information could

launch your own check of current I-9 processes. Don’t be alarmed if the form

you are using is clearly marked in the top right hand corner, “OMB No.

1615-0047; Expires 06/30/09.”  ICE confirms you’re using the

correct form, "Rev. 02/02/09. The revision date can be found on the “lower

right hand corner” of the form. No previous editions accepted. *NOTE: The 02/02/09 revision will continue to be valid for use beyond

its current expiration date of June 30, 2009.”

Start your audit by

comparing a list of current employees to the I-9s you have to make certain that

one is completed for each person. If a form is missing, check employee files

and misfiling. If this doesn’t turn up the errant item contact the employee and

request completion of a new I-9. Never request specific documents or backdate

forms. Include the current dates and a notation that it was completed after an

audit. ICE is seeking to focus on employers who hire illegal immigrants; they

will be more understanding of paperwork errors than willful violations. Audits

and corrections go a long way to establish your good faith efforts to comply

with the law.

For previously completed

forms look for missing and incorrect information. Make corrections and

notations in the appropriate spots. U.S. Citizenship and Immigration Services offers

a complete Handbook for Employers with step by step instructions for I-9

completion including copies of sample documents for verification.

The individuals who actually

sign the form on behalf of the employer should be the ones inspecting these

documents. They must be well trained in the entire process. Too often I have

conducted audits where the only person in an organization, if anyone, that

really understands the process is a senior HR professional who is not

responsible for day to day administration. Forms are completed in multiple

locations with varying degrees of compliance.

Setting up and maintaining

effective I-9 processing and storage will save headaches, time and the

potential for an ICE audit disaster.